SwiftSpot Terms of Service

Welcome to SwiftSpot! These Terms of Service ("Terms") govern your access to and use of SwiftSpot's parking and storage marketplace platform, website, mobile application, and related services (collectively, the "Services") operated by SwiftSpot Inc. ("SwiftSpot," "we," "us," or "our").

By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, please do not use our Services.

1. Definitions

For the purposes of these Terms:

• "Account" means your registered user account on the SwiftSpot platform
• "Booking" means a confirmed reservation for a Listing through our Services
• "Content" means any information, text, graphics, photos, or other materials uploaded, downloaded, or appearing on the Services
• "Host" means a user who lists Parking Spots or Storage Spaces for rent on our platform
• "Listing" means a Parking Spot or Storage Space made available for booking through our Services
• "Parking Spot" means a designated area for vehicle parking listed on our platform
• "Renter" means a user who books Listings through our platform
• "Storage Space" means a designated area for storing personal property listed on our platform
• "User" means any person who accesses or uses our Services

2. Acceptance of Terms

By creating an account, accessing, or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. These Terms constitute a legally binding agreement between you and SwiftSpot.

We may modify these Terms at any time by posting the revised Terms on our platform. Your continued use of our Services after such modifications constitutes your acceptance of the updated Terms.

3. Eligibility and Account Registration

3.1 Eligibility Requirements

To use our Services, you must:

• Be at least 18 years of age
• Have the legal capacity to enter into binding contracts
• Not be prohibited from using our Services under applicable law
• Provide accurate and complete registration information

3.2 Account Responsibilities

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized use of your account
• Keeping your account information current and accurate

3.3 Account Verification

We may require identity verification before you can access certain features. You agree to provide accurate verification documents and information when requested.

4. Use of Services

4.1 Permitted Use

You may use our Services only for lawful purposes and in accordance with these Terms. Our Services are intended to facilitate parking spot rentals and storage space rentals between hosts and renters.

4.2 Prohibited Activities

You agree not to:

• Violate any applicable laws, regulations, or third-party rights
• Use automated systems (bots, scrapers, etc.) to access our Services
• Attempt to gain unauthorized access to our systems or other users' accounts
• Post false, misleading, or fraudulent information
• Engage in any form of harassment, discrimination, or abusive behavior
• Circumvent or attempt to circumvent our payment systems
• Interfere with or disrupt the operation of our Services
• Use our Services for any commercial purpose other than as intended
• Impersonate any person or entity or misrepresent your affiliation
• Collect or harvest personal information of other users

5. Listings and Bookings

5.1 Host Obligations

As a Host, you represent and warrant that:

• You have the legal right to list and rent the Space
• Your listing information is accurate, complete, and current
• Your Space complies with all applicable laws and regulations
• You will honor confirmed bookings and provide access as described
• For Storage Spaces: the space is suitable for storage and free from hazards

5.2 Renter Obligations

As a Renter, you agree to:

• Use the Space only as described in the listing
• Comply with all terms and conditions specified by the Host
• Treat the Space and surrounding property with respect
• Pay all fees associated with your booking
• For Storage Spaces: store only permitted items as specified in the listing

5.3 Storage Space Specific Terms

For Storage Space bookings, the following additional terms apply:

5.3.1 Prohibited Items

You may NOT store the following items in any Storage Space:

• Hazardous Materials: Explosives, flammable substances, toxic chemicals, radioactive materials, corrosives, or any materials classified as hazardous under applicable law
• Illegal Items: Controlled substances, stolen property, counterfeit goods, or any items illegal to possess or store
• Perishables: Food items, plants, or any materials that may decay, attract pests, or create odors
• Living Things: Animals, insects, or any living organisms
• Weapons: Firearms, ammunition, explosives, or illegal weapons (legal firearms must comply with all applicable storage laws)
• High-Value Items: Cash, jewelry, precious metals, or irreplaceable items exceeding $5,000 in value without express written agreement
• Regulated Items: Items requiring special permits, licenses, or environmental controls

5.3.2 Storage Liability

• No Insurance: SwiftSpot does not provide insurance coverage for stored items. Renters are solely responsible for insuring their property.
• Risk Acknowledgment: You acknowledge that storing items carries inherent risks including theft, damage, fire, flood, and other hazards.
• Host Liability Limitation: Hosts are not liable for damage to stored items except in cases of gross negligence or willful misconduct.
• Renter Responsibility: Renters are responsible for any damage their stored items cause to the Storage Space or surrounding property.
• Insurance Recommendation: We strongly recommend obtaining appropriate insurance coverage for all stored items.

5.3.3 Access and Security

• Access to Storage Spaces is subject to the terms specified in each listing
• Hosts may require advance notice for access to Storage Spaces
• Renters must follow all security protocols specified by the Host
• Unauthorized access attempts may result in immediate termination of the booking

5.3 Booking Process

Bookings are confirmed when payment is successfully processed. Once confirmed, both parties are bound by the booking terms. Cancellation and refund policies are specified in each listing and our cancellation policy.

6. Payments and Fees

6.1 Payment Processing

All payments are processed through our third-party payment processor, Stripe. By using our Services, you agree to Stripe's terms of service and privacy policy.

6.2 Platform Fees

SwiftSpot charges a one-time platform fee of 7% for renters on their first booking. This fee covers payment processing, customer support, platform maintenance, and booking protection. Subsequent bookings for the same renter do not incur platform fees. All fees are disclosed before you complete a transaction.

Note: If your first booking is fully refunded (including the platform fee), your next booking will be treated as your first and the platform fee will apply.

6.3 Security Deposits and Cleaning Fees

Some listings may include security deposits and cleaning fees. By booking such listings, you agree to the following:

6.3.1 Security Deposits

• When Required: Security deposits may be required for bookings of 14 days or longer, as set by the host
• Authorization: Your payment method will be authorized for the deposit amount but not charged unless damages occur
• Hold Period: Deposits are held for up to 14 days after your booking ends
• Release: Deposits are automatically released after the hold period unless damages are documented and reported
• Deductions: Hosts may only deduct amounts for documented damage beyond normal wear and tear, subject to SwiftSpot approval
• Dispute Rights: You have the right to dispute any deposit deductions through our resolution process

6.3.2 Cleaning Fees

• Purpose: Cleaning fees cover the cost of restoring the parking spot after your use
• Disclosure: All cleaning fees are clearly shown before booking completion
• Coverage: You are responsible for damages including oil drips, paint splotches, stains, and debris
• Limitation: Cleaning fees are capped at $100 for standard spots and $300 for luxury spots
• Normal Use: You will not be charged for reasonable wear and tear from normal parking use

6.3.3 Your Obligations

• Care and Respect: Use the parking spot with reasonable care and respect for the property
• Immediate Reporting: Report any pre-existing damage or issues immediately upon arrival
• Documentation: Take photos if you notice any damage disputes may arise
• Cleanliness: Leave the space in the same condition as you found it
• Compliance: Follow all parking rules and restrictions specified by the Host

6.4 Host Payouts

Host payouts are processed according to our payout schedule, typically within 1-3 business days after a booking is completed. Payouts may be delayed for verification or security reasons.

6.5 Taxes

You are responsible for determining and paying any applicable taxes related to your use of our Services. We may provide tax reporting information but are not responsible for tax compliance.

7. User Content and Intellectual Property

7.1 User Content License

By posting content on our Services, you grant SwiftSpot a non-exclusive, worldwide, royalty-free, transferable, and sublicensable license to use, copy, modify, distribute, and display your content in connection with operating and marketing our Services.

7.2 Content Responsibility

You are solely responsible for your content and warrant that:

• You own or have the necessary rights to the content
• Your content does not violate any third-party rights
• Your content is accurate and not misleading
• Your content complies with applicable laws and these Terms

7.3 SwiftSpot Intellectual Property

Our Services and all related content, features, and functionality are owned by SwiftSpot and are protected by copyright, trademark, and other intellectual property laws. You may not use our intellectual property without our prior written consent.

8. Privacy and Data Protection

Your privacy is important to us. Our collection, use, and disclosure of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

9. Third-Party Services

Our Services may integrate with or contain links to third-party services, including payment processors, mapping services, and analytics providers. We are not responsible for the availability, accuracy, or content of these third-party services. Your use of third-party services is subject to their respective terms and policies.

10. Disclaimers and Warranties

10.1 Service Availability

Our Services are provided "as is" and "as available." We do not guarantee that our Services will be uninterrupted, error-free, or completely secure.

10.2 No Warranties

To the fullest extent permitted by law, SwiftSpot disclaims all warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.

10.3 User Interactions

SwiftSpot is not a party to the agreements between hosts and renters. We do not guarantee the quality, safety, or legality of listings, the truth or accuracy of user content, or the ability of users to perform their obligations.

11. Limitation of Liability

To the fullest extent permitted by applicable law:

• SwiftSpot shall not be liable for any indirect, incidental, special, consequential, or punitive damages
• Our total liability to you for any claims arising from these Terms or your use of our Services shall not exceed the amount you paid to SwiftSpot in the 12 months preceding the claim
• We shall not be liable for any damages arising from your interactions with other users or third parties
• Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability, so these limitations may not apply to you

12. Indemnification

You agree to defend, indemnify, and hold harmless SwiftSpot, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, damages, obligations, losses, liabilities, costs, or debt arising from:

• Your use of our Services
• Your violation of these Terms
• Your violation of any third-party rights
• Your content or listings
• Your interactions with other users

13. Account Suspension and Termination

13.1 Termination by You

You may terminate your account at any time by contacting us at support@swiftspot.ca. Upon request, we will delete your account and associated personal data in accordance with our Privacy Policy and applicable data protection laws. Please note that we may retain certain information as required by law or for legitimate business purposes.

13.2 Termination by SwiftSpot

We may suspend or terminate your account immediately, without prior notice, if you:

• Violate these Terms or our policies
• Engage in fraudulent or illegal activities
• Pose a risk to other users or our platform
• Fail to pay applicable fees

13.3 Effect of Termination

Upon termination, your right to use our Services ceases immediately. Provisions that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, and limitations of liability.

14. Dispute Resolution

14.1 Informal Resolution

Before initiating formal proceedings, you agree to attempt to resolve any dispute informally by contacting us at legal@swiftspot.ca.

14.2 Binding Arbitration

Any dispute that cannot be resolved informally shall be resolved through binding arbitration conducted in British Columbia, Canada, in accordance with the rules of the British Columbia International Commercial Arbitration Centre.

14.3 Class Action Waiver

You agree to waive any right to participate in class actions or class-wide arbitration. All disputes must be brought in your individual capacity.

15. Force Majeure

SwiftSpot shall not be liable for any delay or failure to perform resulting from causes beyond our reasonable control, including but not limited to acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, pandemics, network infrastructure failures, or strikes.

16. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of British Columbia, Canada, without regard to conflict of law principles. Any legal action or proceeding arising under these Terms shall be brought exclusively in the courts of British Columbia.

17. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.

18. Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction. Any attempted assignment in violation of this section shall be void.

19. Entire Agreement

These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and SwiftSpot regarding your use of our Services and supersede all prior agreements and understandings.

20. Notices

We may provide notices to you via email, postal mail, or postings on our Services. You consent to receive communications from us electronically, and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

21. Contact Information

If you have any questions about these Terms, please contact us: